“8. …The legislative intent is clear to curb the
menace of dowry deaths, etc., with a firm hand.
We must keep in mind this legislative intent. It
must be remembered that since crimes are
generally committed in the privacy of residential
homes and in secrecy, independent and direct
evidence is not easy to get. That is why the
legislature has by introducing
Sections 113A and 113B in the Evidence Act
tried to strengthen the prosecution hands by
permitting a presumption to be raised if certain
foundational facts are established and the
unfortunate event has taken place within seven
years of marriage. This period of seven years is
considered to be the turbulent one after which the
legislature assumes that the couple would have
settled down in life. If a married women is
subjected to cruelty or harassment by her
husband or his family members Section 498A,
Indian Penal Code would be attracted. If such
cruelty or harassment was inflicted by the
husband or his relative for, or in connection with,
any demand for dowry immediately preceding
death by burns and bodily injury or in abnormal
circumstances within seven years of marriage,
such husband or relative is deemed to have
caused her death and is liable to be punished
Under Section 304B, Indian Penal Code. When
the question at issue is whether a person is guilty
of dowry death of a woman and the evidence
discloses that immediately before her death she
was subjected by such person to cruelty and/or
harassment for, or in connection with, any
demand for dowry, Section 113B, Evidence Act
provides that the court shall presume that such
person had caused the dowry death. Of course if
there is proof of the person having intentionally
caused her death that would attract Section 302,
Indian Penal Code. Then we have a situation
where the husband or his relative by his wilful
conduct creates a situation which he knows will

Crl.A. Nos.566 601 of 2001 Page 10 of 12
drive the woman to commit suicide and she
actually does so, the case would squarely fall
within the ambit of Section 306, Indian Penal
Code. In such a case the conduct of the person
would tantamount to inciting or provoking or
virtually pushing the woman into a desperate
situation of no return which would compel her to
put an end to her miseries by committing suicide.
…”

21. The scope of convicting an accused under Section 302 IPC i.e.

for commission of murder and Section 304B IPC i.e. dowry death

are altogether different. The ingredients of both these Sections are

also separate. In convicting an accused under S. 302 IPC, the

prosecution is bound to prove its case either by way of direct

evidence or with the connecting chain of circumstances, whereas

convicting an accused for commission of dowry death specific

circumstances are to be established. In the present case, since co-

convict Sher Singh has already been convicted under Section 302

IPC by treating the death of deceased as murder, no case is made

out against the appellants to convict them under commission of

dowry death of the deceased. Thus, the conviction of the

appellants under Section 304B/34 IPC and order on sentence is set

aside.

22. In view of the above discussion and the evidence discussed,

this Court upholds the judgment of conviction and order on

Crl.A. Nos.566 601 of 2001 Page 11 of 12
sentence awarded to the appellants under Section 498A read with